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(영문) 대법원 2016.02.18 2015도19322
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of mediating the sale of philophones among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal doctrine

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the prosecutor on the ground that there is no proof of crime regarding the receipt of philophones among the facts charged in the instant case for the reasons stated in its reasoning, and there is no violation of law of free evaluation of evidence against logical and empirical rules as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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